Amicus Curiae

The following articles were also published in BusinessWorld.

September 07, 2016

After the buzz on the issue of legality of having Uber and GrabCar operate in the Philippines had died down due to the Department Order No. 2015-011 issued by the Department of Transportation and Communications (DoTC) on May 8, 2015 creating a new classification of public transport, yet another legal issue arises: whether or not drivers accredited by TNCs are employees or independent... Read More

August 31, 2016

Following a series of public consultations held between June and August 2016, the National Privacy Commission (NPC) promulgated the Implementing Rules and Regulations (IRR) of Republic Act No. 10173 last Aug. 24, 2016.    Republic Act No. 10173, or the Data Privacy Act of 2012 (DPA), was principally authored by former Senator Edgardo J. Angara during his chairmanship of the... Read More

August 24, 2016

The recent issuance of the Implementing Rules and Regulations (IRR) of the Philippine Competition Act (PCA) is a game changing regulation for corporations doing business in the Philippines. The IRR clarifies the notification requirement for mergers and acquisitions, among others, and regulates mergers and acquisitions of businesses. Simply put, large corporations cannot continue their business... Read More

August 17, 2016

One of the legislative priorities of the Duterte administration is the amendment of the Juvenile Justice & Welfare Act or RA No. 9344 by lowering of the age of criminal responsibility. Significantly, House Bill No. 2 or the Minimum Age of Criminal Responsibility Act, which seeks to revert the minimum age of criminal responsibility from fifteen (15) years of age to nine (9) years of age,... Read More

August 10, 2016

  For the first time in presidential campaign history, contracting became a mainstream issue with all five presidential candidates vowing to eradicate contractualization. However, back then, the candidates never discussed their plans as to how they would do away with contractualization, and whether they intend to do away with contracting and subcontracting (“outsourcing”) under... Read More

August 03, 2016

Retirement planning can be a tedious process.   It requires serious contemplation, having in mind the end goal of living comfortably during one’s twilight years. To do that, several factors are considered, most important of all where to put one’s savings where it might give the best rate of return. The State, on its part, assists in reaching this goal by providing for... Read More

July 27, 2016

It may surprise you to know tax assessments worth millions have been issued by the BIR simply because taxpayers failed to properly invoice discounts. Even now, many big companies underestimate and neglect the importance of good invoicing. Businessmen and accounting officers still tend to overlook the value of properly filling out such a small piece of paper, which could later on make or break... Read More

July 20, 2016

The euphoria of the 2016 elections may have died down but some legal issues are yet to be resolved by the courts and the Comelec. A number of these cases may relate to the proper interpretation of the “three-term limit rule” for local elective officials.       This disqualification rule, as enshrined under Section 8, Article X of the 1987 Constitution and reiterated... Read More

July 13, 2016

The Intellectual Property Office of the Philippines (IPO) recently released a draft proposal to amend its Implementing Rules and Regulations (IRRs) on Inter Partes Proceedings (IPPs). IPPs are proceedings or cases affecting intellectual property rights which are filed with, and prosecuted before, the IPO, such as petitions for the cancellation of patents, trademarks, utility models and... Read More

Jun Kawanami

July 06, 2016

A closer look at the Philippine Competition Act through the lens of the Japanese Competition Law    Considering the prominence of the Philippine Competition Act (the PCA) and its Implementing Rules and Regulations (IRR) within the legal and business communities, it would be interesting to read through their salient provisions vis-a-vis the Japanese Competition Law (the JCL).... Read More